M.Y.EQBAL,J. - (1.) This letters patent appeal is directed against the judgment dated 19.4.2007 passed in W.P.C. No. 6474/2006 whereby the learned Single Judge dismissed the writ petition with certain observation and direction.
(2.) THE aforementioned writ application was filed by the petitioner/appellant for quashing the order dated 28.3.2006 passed by Commissioner, South Chhotanagpur Division, Ranchi in Misc. Appeal No. 86/05 whereby appeal filed by respondent no. 6 was admitted and operation of the order was stayed. It appears that the land in dispute was leased out to respondent no. 6 M/s Pawan Automobiles wherein lessee was running petrol pump. "No Objection Certificate" granted to respondent no. 6 by the District Magistrate -cum -Deputy Commissioner was cancelled by order dated 27.7.2005. The said order was challenged by respondent no. 6 in a writ petition, which was disposed of by a Bench of this Court directing respondent no. 6 to seek relief before the appropriate forum. Respondent No. 6 then challenged the said order by filing appeal before the Commissioner who in terms of order dated 28.3.2006 admitted the appeal and stayed the operation of order passed by the Deputy Commissioner cancelling "No Objection". The said urder of the Commissioner was challenged by the petitioner by filing W.P.C. No. 6474/2006 which was disposed of by the learned Single Judge who without interfering with the order of the Commissioner directed for disposal of the appeal within a fixed time.
(3.) MR . Anil Kumar Sinha learned senior counsel appearing for the appellant assailed the impugned order passed by the Commissioner and also the judgment passed by learned Single Judge mainly on the ground that Commissioner being the appellate authority has no jurisdiction to admit the time barred appeal and stayed the operation of the order.;